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The Manager vs State of Kerala

The Manager vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2022
~3 min read
https://sooperkanoon.com/case/1553332

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/27725/2021

Parties & Advocates

Appellant / Petitioner

The Manager

Respondent

State of Kerala

Excerpt

.....sanctioned by the government.2. the learned government pleader, on instructions, submitted thatthe delay had occurred owing to the failure of the manager of the institution in forwarding a proper proposal. it is submitted that the proposal has been received by the concerned respondent. it is also submitted that appropriate orders will be passed in any event, within a period of two weeks, to appoint the government nominee.3. in view of the said submission, this writ petition is disposed ofwp(c) no. 27725 of 2021 4 directing the competent among the respondents to depute a government nominee for constituting the selection committee to select suitable candidates for appointment to the post of assistant professors in the department of hindi, that has already been sanctioned by the government within a period of two weeks from the date of receipt of a copy of thisjudgment.sd/- raja vijayaraghavan v judge ns wp(c) no. 27725 of 2021 5 appendix of wp(c) 27725/2021 petitioner(s) exhibits : exhibit p1 the true copy of the u.o.no.gaii/e2/2711/95 dated 24.8.1995 issued by the university of calicut exhibit p2 the true copy of the u.o.no.gaii/e2/3649/95 dated 14.3.1996 issued by the university of calicut exhibit p3 the true copy of the u.o.no.433/2014/cu dated 15.1.2014 exhibit p4 true copy of order no.b6-3705/13 dated 3.8.2013 the deputy director of collegiate education, thrissur exhibit p5 the true copy of the letter issued by the 4th respondent dated 8.4.2021 exhibit p6 true copy of the requisition letterno.a.9/sst/2021 dated 18.6.2021 from the 2nd petitioner to the 4th respondent through the 5th respondent with english translation exhibit p7 the true copy of the letter of communication no.a3/1987/2021/dceddtsr dated 14.7.2021 with english translation exhibit p8 the true copy of the letter by sri. mathai n.v., joint secretary to govt. to the 2nd petitioner dated 2.7.2021 respondent (s) exhibits : nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 WP(C) NO. 27725 OF 2021 PETITIONERS : 1 THE MANAGER, PRAJYOTI NIKETAN COLLEGE, PUDUKAD, TRISSUR, PIN 680 301. 2 THE PRINCIPAL, PRAJYOTI NIKETAN COLLEGE, PUDUKAD, THRISSUR, PIN 680 301. BY ADVS. C.V.SHAJU P.P.BIJU RESPONDENTS :

1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001 3 THE SECRETARY TO COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001 4 THE DIRECTOR OF OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001 5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, GOVT. TRAINING COLLEGE COMPOUND, PALACE ROAD, THRISSUR 20 6 THE UNIVERSITY OF CALICUT, THENHIPALAM P.O., REPRESENTED BY THE REGISTRAR, MALAPPURAM DISTRICT 673 635

WP(C) NO. 27725 OF 2021 2 SRI. P C SASIDHARAN SC, SMT SURYA BINOY SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27725 OF 2021 3

JUDGMENT

The Manager as well as the Principal of the Prajyothi Niketan College, Pudukad, an aided college affiliated with the Calicut University, has approached this Court, being aggrieved by the delay on the part of the respondents 1 to 3 to depute a Government nominee for constituting the selection committee to select suitable candidates for appointment to the posts of Assistant Professors in the Department of Hindi, which has already been sanctioned by the Government.

2. The learned Government Pleader, on instructions, submitted that

the delay had occurred owing to the failure of the Manager of the Institution in forwarding a proper proposal. It is submitted that the proposal has been received by the concerned respondent. It is also submitted that appropriate orders will be passed in any event, within a period of two weeks, to appoint the Government nominee.

3. In view of the said submission, this writ petition is disposed of

WP(C) NO. 27725 OF 2021 4 directing the competent among the respondents to depute a Government Nominee for constituting the selection committee to select suitable candidates for appointment to the post of Assistant Professors in the Department of Hindi, that has already been sanctioned by the Government within a period of two weeks from the date of receipt of a copy of this

judgment.

Sd/- RAJA VIJAYARAGHAVAN V JUDGE NS WP(C) NO. 27725 OF 2021 5 APPENDIX OF WP(C) 27725/2021 PETITIONER(S) EXHIBITS : EXHIBIT P1 THE TRUE COPY OF THE U.O.NO.GAII/E2/2711/95 DATED 24.8.1995 ISSUED BY THE UNIVERSITY OF CALICUT EXHIBIT P2 THE TRUE COPY OF THE U.O.NO.GAII/E2/3649/95 DATED 14.3.1996 ISSUED BY THE UNIVERSITY OF CALICUT EXHIBIT P3 THE TRUE COPY OF THE U.O.NO.433/2014/CU DATED 15.1.2014 EXHIBIT P4 TRUE COPY OF ORDER NO.B6-3705/13 DATED 3.8.2013 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR EXHIBIT P5 THE TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 8.4.2021 EXHIBIT P6 TRUE COPY OF THE REQUISITION LETTER

NO.A.9/SST/2021 DATED 18.6.2021 FROM THE 2ND PETITIONER TO THE 4TH RESPONDENT THROUGH THE 5TH RESPONDENT WITH ENGLISH TRANSLATION EXHIBIT P7 THE TRUE COPY OF THE LETTER OF COMMUNICATION NO.A3/1987/2021/DCEDDTSR DATED 14.7.2021 WITH ENGLISH TRANSLATION EXHIBIT P8 THE TRUE COPY OF THE LETTER BY SRI. MATHAI N.V., JOINT SECRETARY TO GOVT. TO THE 2ND PETITIONER DATED 2.7.2021 RESPONDENT (S) EXHIBITS : NIL

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